Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Lucas Valley-Marinwood Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lucas Valley-Marinwood, California
About Lucas Valley-Marinwood
Lucas Valley-Marinwood is a census-designated place (CDP) in Marin County, California, United States. As of the 2010 census, the population was 6,094.
James Miller of Irish descent, came overland to California in 1844 with the Stephens-Townsend-Murphy Party and in April 1845 arrived in San Rafael. Then, in 1846 he purchased 680 acres (2.8 km2) of land from Timothy Murphy, grantee of Rancho San Pedro, Santa Margarita y Las Gallinas. The land encompassed present day Marinwood and a creek which was later named Miller Creek. He rebuilt an old adobe on a hill where the Miller Creek condominiums are located and called it Miller Hall. By 1862 Miller had 10 children, and in 1864 donated a 3/4 acre site next to Miller Creek to have the Dixie School built upon it. The building still stands but has been relocated in front of Miller Creek Middle school on Las Gallinas Avenue. It is on the National Register of Historic Places. James Miller died in 1890. The 1,084-acre (4.39 km2) ranch he owned at the time was eventually sold to the Sequeira family in 1935. The family tore down Miller Hall later that year. A portion of the Miller land was sold to Anthony Faustine (A.F.) Silveira, who had leased the property from 1900 to 1935. Silveira built his own home and dairy facility in 1935 on the east side of what is now the 101 Highway. Silveira, the founding president of Marin Dairymen's Milk Co. Ltd. aka Marin-Dell, died in a ranch accident in 1937. His family continued the ranching operation, which still exists.
Lucas Valley was named after John Lucas, a 19th-century rancher and nephew of Timothy Murphy (not related to George Lucas).
The streets of lower Lucas Valley were named so their names all ended in berry. The streets are, in alphabetical order: Appleberry, Blackberry, Cedarberry, Danberry, Elderberry, Flaxberry, Greenberry, Huckleberry, Idylberry, Juniperberry, Kernberry, Loganberry, Mulberry, Newberry.
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